Chap. 463.—An ACT for the relief of Thomas A. Chapman. [S B 324]
Approved March 27, 1930

Whereas, on February seventh, nineteen hundred and seventeen,
Thomas A. Chapman obtained from the governor of Virginia a grant
for one hundred and eighty-eight and one-eighth acres of waste and
unappropriated land lying in the county of Madison;

Whereas, the said land had not been covered by any previous
grants from the Commonwealth as the different tracts owned by
Thomas Shirley, and sold by Shirley’s commissions, W. L. Early, A. R.
Blakey and Captain Thomas Welch, on the first day of August, eighteen
hundred and fifty-three, to different parties, to-wit: To George Kite,
Shirley’s mansion tract of one hundred and fifty-nine acres for two
thousand and four hundred dollars, the mill tract of fifteen acres for
one thousand dollars and four hundred and fifty-four acres of the Wal-
lace tract, for two thousand six hundred and thirty-five dollars. Shirley
bought on the twentieth day of August, eighteen hundred and forty-
one, of Thomas Wallace, of Alabama, and Housin Wallace and Eliza-
beth B., his wife, of the town of Fredericksburg, those tracts of land,
namely, one hundred and eighty acres of the Lucas grant, one hundred
and five acres known as the Wallace grant, and twenty-seven acres
known as the John Thomas grant, for six hundred dollars.

On the fourth day of October, eighteen hundred and forty-three,
the Wallaces above named sold Thomas Shirley four hundred acres
prior entry inside of the Oliver survey, for six hundred gallons of
Shirley whiskey, to be delivered to the said Housin Wallace, in the
town of Fredericksburg, these lands lie inside the lines of the Oliver
big survey, except seventy-six acres of the Lucas grant, which lies
east of the big survey. The said Kite and his attorney has taken
the twenty-seven, a grant to John Thomas, and placed it on the west
end of my one hundred and eighty-eight and one-eighth acres grant
from the Commonwealth, and they have prolonged all of the lines of
this twenty-seven acre grant as follows: The first line in said survey
made by Henry Wayland, county surveyor of Madison county, the
seventh day of January, seventeen hundred and ninety-five, is south
seventy-three east twenty-two poles to two chestnuts of a spur on the
top of the double top of the Double Top mountain, Kite and his sur-
veyors and attorney, have lengthened his line ten poles, making thirty-
two poles long instead of twenty-two poles, the second call in the sur-
veyor’s book south two, west fifty-four poles to two chestnut oaks
in the side of the Double Top mountain, they lengthened thirty poles
making eighty-four poles instead of fifty-four poles, the next call is
south fifty-five west fifty, this line is lengthened thirty poles, which
makes this line eighty poles instead of fifty, the call is with Wallaces
line to the beginning, by lengthening the lines they have increased
the acreage to forty acres instead of twenty-seven acres. The grant
calls for Siram Kite, on the seventeenth day of November, nineteen
hundred and three. After living on it fifty years, got Captain A. N.
Finks, county surveyor of Madison, run the lines of his lands and the
division lines, and deeded his sons, James A. and B. P. Kite the man-
sion tract of one hundred and fifty-nine acres and the mill tract of
fifteen acres and seventy-six acres of the Wallace land east of the
dividing line, which starts on the south side of the south fork of the
Robinson river, and runs to the top of the Double Top mountain and
bounded on the north by Strothers run and on the west by John
Lewis’ land, now Fannie Keiser and others. None of this land lay on
my grant, he, Siram Kite, deeds John W. Kite and his six sisters
four hundred acres, more or less, of the Wallace land, there is nearly
two hundred acres of the Wallace land which was sold with lot number
seven of fhe big survey.

Fairfax granted to John Yager one hundred and eighty-three acres
of land on August thirty-first, seventeen hundred and sixty-five. John
Yager sold Elizabeth Yager seventy-two acres of his grant for one
hundred pounds on the twenty-eighth day of June, seventeen hundred
and ninety-six. This land sold to Elizabeth laps on Captain John
Roots land and Mistress Tom Bohanon’s land, and it at three chest-
nut oaks on the south side of the Double Top mountain fourteen
poles from the top; for a better description of this tract you will find
on page one hundred and thirty-six of the record on page one hundred
and thirty-four, a deed from John Yager to Thomas and Zachary
Shirley, in the printed record dated on the twentieth day of................
month, in the year seventeen hundred and ninety-nine. John Yager
sold the residue of his grant, which was one hundred and ten acres,
for thirty pounds. This land does not touch any of Kite’s land
and it also extends over to the south side of the Double Top mountain
and corners at the three chestnut oak, corner to the land sold Eliza-
beth Yager; thence, with the lines of Elizabeth Yager to the Root
land. The John Yager land does not touch the Kite land at any
point, nor does it touch land granted me at but one point and that is
the northwest corner. George M. Bohanon bought the John Yager
tract and then Major Phillips Root bought by M. Yager, the husband
of Elizabeth Yager, in seventeen hundred and sixty-six, both of these
tracts were bought by Bohanon at Shirley’s sale.

Whereas, the said Thomas A. Chapman was put to considerable
cost in defending his title, which was held invalid by the supreme
court of appeals, in the case of Chapman versus Kite and others,
decided on June sixteenth, nineteen hundred and twenty-one; now,
therefore,

1. Be it enacted by the general assembly of Virginia, That the
auditor of public accounts be, and he is hereby authorized and directed
to draw his warrant on the treasurer of Virginia in favor of said
Thomas A. Chapman’s personal representative for the sum of three
hundred dollars, the same being approximately the sum by him ex-
pended in and about attaining and defending the valid title aforesaid.
The said sum shall be paid out of any money in the treasury not other-
wise appropriated.